Revised Nonsubscriber Reporting Forms

The Texas Department of Insurance - Division of Workers’ Compensation (“TDI-DWC”) has revised the Employer Notice of No Coverage or Termination of Coverage (“DWC005”) for employers to notify the state of their Nonsubscriber status. Nonsubscribers must begin using the new forms no later than February 1 and now have the option of electronic filing through TDI’s website found here.Please be aware that the TDI-DWC has stepped up its efforts to ensure Nonsubscriber DWC005 reporting compliance. It is important that Nonsubscribers file the DWC005 (and DWC205 as appropriate) each year on the anniversary date of the original filing for as long as they continue to be a Nonsubscriber. Failure to file DWC forms timely exposes the Nonsubscriber to fines up to $25,000 per day per occurrence.At Corporate Insurance Associates, we take great care in making sure every one of our clients are in compliance and we strongly urge all Nonsubscribers to not leave themselves exposed to the costly fines.

The primary state requirements require that Texas nonsubscribers must:

Report all workplace injuries when an employee is absent for a day or more of work

Report any injury if more than one injury meets the reporting requirements during the reporting period

Report all occupational diseases regardless of lost time

Report all workplace fatalities

File a report when the company opts out of workers' compensation, initially

Notify the workers' compensation carrier of the employer’s intent to operate as a nonsubscriber

Provide employees the appropriate written notification when the company is about to become a nonsubscriber

Report the company’s nonsubscriber status annually via the DWC Form 5. This is required both when the company becomes a nonsubscriber and each year on the anniversary of the original “opt out”

Identify and report all locations that operate as a nonsubscriber via the DWC Form 5s. This is required both when the company becomes a nonsubscriber and each year on the anniversary of the original “opt out”

Provide written notice to each employee of the company’s nonsubscriber status

Post a notice of non-coverage in several locations throughout the workplace